Terms Of Service

Overview

This website is operated by Kelly Aukland company. Throughout the site, the terms "we", "us", and "our" refer to Kelly Aukland. We offer this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use" or "TOS"), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any of our services.

Any new features or tools added to the current website will also be subject to these Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please note that these Terms of Use comply with the applicable laws and regulations in both Switzerland and New Zealand, including but not limited to consumer protection, e-commerce, and privacy laws.


Section 1 - Terms and Conditions of Online Store Use

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in the jurisdiction where you reside, which is either New Zealand or Switzerland, or you have provided your consent for any of your minor dependents to use this website. You are required to comply with the applicable laws and regulations in your jurisdiction, including but not limited to consumer protection, privacy, and data handling laws in both Switzerland and New Zealand.

You may not use our products or services for any illegal or unauthorized purposes. While using this website, you agree not to violate any laws applicable to your location, including but not limited to intellectual property, copyright laws, or e-commerce regulations in Switzerland and New Zealand.

You must not transmit any malware, viruses, or any other type of harmful code that could impact the functionality of this website or associated services. Violation of any of these terms will result in the immediate termination of your access to the service.

We reserve the right to refuse service to anyone for any reason at any time, subject to the laws in both Switzerland and New Zealand. Additionally, any new tools or features introduced to the current website shall be subject to these Terms of Service. You are encouraged to regularly review the latest version of the Terms of Service, as your continued use of the site constitutes your acceptance of any updates or changes.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms. Any unauthorized reproduction, resale, or misuse of the Service or any part of the website is prohibited without written permission from us.

Please ensure that your use of this website complies with both Swiss and New Zealand legal frameworks, particularly regarding data protection (under Swiss Federal Data Protection Act and New Zealand's Privacy Act), e-commerce regulations, and consumer rights.


Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time, provided such action is in compliance with the laws of Switzerland and New Zealand. This includes, but is not limited to, compliance with regulations around consumer protection, anti-discrimination, and privacy laws in both jurisdictions.

By using this website, you acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve transmission over various networks. You also acknowledge that adjustments may be made to conform to the technical requirements of connecting devices and networks. We ensure that credit card information is always encrypted during transmission over networks, in compliance with Swiss and New Zealand data protection laws, including New Zealand's Privacy Act and the Swiss Federal Act on Data Protection (FADP).

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


Your use of the website must comply with applicable laws and regulations in both Switzerland and New Zealand, including but not limited to e-commerce, data protection, and consumer rights laws. Any breach of these laws or our policies will result in the immediate termination of your access to our services.


Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information made available on this website is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions. You should consult primary, more accurate, more complete, or more timely sources of information before making any decisions based on the material provided on this website.

Any reliance on the material on this site is at your own risk. This site may contain certain historical information, which is provided for reference only and may not be current. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

While we strive to ensure accuracy, completeness, and timeliness of the information we provide, we cannot guarantee that all details related to products, pricing, shipping times, and services are error-free, particularly in the context of Swiss and New Zealand laws and regulations. You are responsible for verifying any details that may impact your legal or financial decisions in these jurisdictions.

For users in New Zealand, this section is subject to the protections provided under the Fair Trading Act and the Consumer Guarantees Act, which safeguard your rights as a consumer. In the case of discrepancies or inaccuracies that affect consumer rights in New Zealand, the applicable statutory protections will prevail.


Section 4 - Changes to Services and Prices

The prices of our products and services are subject to change without prior notice. We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without prior notice, in accordance with applicable laws in Switzerland and New Zealand. Such changes may include, but are not limited to, changes in product offerings, availability, and pricing.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. In accordance with New Zealand's Consumer Guarantees Act, any changes to product pricing will not affect completed transactions where a binding agreement has already been formed. Similarly, under Swiss law, any concluded contracts before the change will be honored at the agreed-upon price.

The presentation of the products and services on our website does not constitute a legally binding offer but rather a non-binding online catalog. By clicking the "Buy" button, you make an offer to conclude a purchase contract. Confirmation of receipt of your order will follow immediately via automated email; however, this email confirmation does not constitute the acceptance of the contract. The purchase contract is only concluded when the ordered goods are dispatched to you, and you receive a shipping confirmation.

Warranty rights remain unaffected by price or service changes, and the statutory warranty rights in both Switzerland and New Zealand apply.


Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may be limited in quantity and are subject to return or exchange only according to our return policy, which is in line with the Swiss and New Zealand consumer protection laws.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate. Variations in product color or other specifications may occur, and such variations will not constitute grounds for a claim unless they breach statutory quality standards applicable under the Consumer Guarantees Act (New Zealand) or the Swiss Code of Obligations.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, except as required under the Consumer Guarantees Act of New Zealand or other applicable laws in Switzerland.

For products shipped to New Zealand, you acknowledge that the customer is responsible for any customs duties, import taxes, or other additional charges incurred when importing goods into the country, as per local customs regulations.


Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You must promptly update your account and other information, including your email address, payment information, and billing details, so that we can complete your transactions and contact you as needed.

Failure to provide accurate information may result in delays, the cancellation of your order, or additional costs, especially concerning shipping and customs processes for orders shipped to New Zealand. Please ensure that your billing and shipping details comply with local customs requirements to avoid unnecessary delays or additional import duties.

For more information regarding our returns and billing practices, please refer to our Return Policy. All payments and personal information will be handled in compliance with the Swiss Federal Act on Data Protection (FADP) and New Zealand’s Privacy Act.


Section 7 - Optional Tools

We may provide you with access to third-party tools over which we have no control or involvement. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third-party provider(s). You are responsible for reviewing and understanding any third-party terms that apply to your use of such tools.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Please be aware that use of third-party tools may be subject to the applicable privacy laws in Switzerland and New Zealand, including the Swiss Federal Act on Data Protection (FADP) and New Zealand’s Privacy Act. It is your responsibility to ensure that any data shared through these tools complies with these legal requirements.


Section 8 - Third-Party Links and Services

Certain content, products, and services available via our website may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

In compliance with the applicable laws in Switzerland and New Zealand, including consumer protection laws, any issues arising from third-party products or services must be addressed in accordance with those jurisdictions' regulations. This includes the Swiss Code of Obligations and New Zealand's Consumer Guarantees Act and Fair Trading Act. If you encounter any disputes regarding third-party products or services, these laws will guide the resolution process.


Section 9 - Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to:

  1. Maintain any Comments in confidence;
  2. Pay compensation for any Comments; or
  3. Respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms of Use.

You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

In accordance with the Swiss Federal Act on Data Protection (FADP) and New Zealand’s Privacy Act, personal data provided through such submissions will be handled according to our Privacy Policy, and you must ensure that any data you share complies with the respective laws in your jurisdiction.


Section 10 - Personal Information

Your submission of personal information through the website is governed by our Privacy Policy. We take the privacy of your personal data seriously and ensure that it is handled in compliance with the Swiss Federal Act on Data Protection (FADP) and New Zealand’s Privacy Act.

By using our services, you agree to the collection, use, and disclosure of your personal information as described in our Privacy Policy. We ensure that your personal information is processed securely and in accordance with the principles of data protection law applicable in Switzerland and New Zealand. This includes the lawful processing, protection, and retention of your data.

You are responsible for providing accurate, up-to-date personal information, including your billing and contact details. Failure to provide correct information may result in the cancellation or delay of your orders or services. In compliance with Swiss and New Zealand data protection regulations, you may request access to, correction of, or deletion of your personal information at any time.

For more detailed information on how we collect, store, and use your personal data, please refer to our Privacy Policy. If you have any questions or concerns regarding our handling of your personal information, please contact us at the email address provided in our Privacy Policy.


Section 11 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In compliance with New Zealand’s Consumer Guarantees Act and the Swiss Code of Obligations, if any error, inaccuracy, or omission affects your statutory rights as a consumer, you are entitled to the appropriate remedies available under the applicable laws, including refunds, exchanges, or corrections.


Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:

  • (a) For any unlawful purpose;
  • (b) To solicit others to perform or participate in any unlawful acts;
  • (c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) To submit false or misleading information;
  • (g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • (h) To collect or track the personal information of others;
  • (i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (j) For any obscene or immoral purpose;
  • (k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

In compliance with Swiss and New Zealand legal frameworks, violations of these prohibitions may result in both civil and criminal penalties as governed by the applicable laws in these jurisdictions. This includes violations of the Swiss Federal Act on Unfair Competition and New Zealand's Crimes Act and Fair Trading Act.


Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall [Your Company Name], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions, including Switzerland and New Zealand, do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. In accordance with Swiss and New Zealand consumer laws, you may have certain non-excludable rights, including rights related to product warranties and merchantability, which cannot be waived by this disclaimer.


Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless Kelly Aukland, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

This indemnification includes but is not limited to any claims resulting from:

  • (a) Your use of the website;
  • (b) Any violation of Swiss or New Zealand laws and regulations;
  • (c) Your infringement of third-party intellectual property rights or privacy rights.

You are responsible for ensuring that your use of the website and services does not violate any applicable laws in your jurisdiction, including but not limited to Swiss and New Zealand data protection, consumer protection, and intellectual property laws.

In the event of any legal dispute, you agree to fully cooperate with us in the defense of such claims and to cover all costs related to any settlement or judgment against us due to your actions.


Section 15 - Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

If any part of these Terms of Use is deemed unenforceable under Swiss or New Zealand law, the provision shall be modified only to the extent necessary to comply with the applicable legal requirements while preserving the original intent of the provision as much as possible.

The remainder of the Terms of Use shall remain in full force and effect, and the invalid or unenforceable provision shall not affect the legality, validity, or enforceability of the remaining provisions.


Section 16 - Termination

These Terms of Service will remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our services (or any part thereof) accordingly.

Upon termination, your rights to use the services will immediately cease, and you agree that we shall not be liable to you or any third party for any termination of your access to the services. Any provisions of these Terms of Service that are intended to survive termination (including but not limited to payment obligations, indemnities, and limitations of liability) will continue in full force and effect, in accordance with the applicable laws in Switzerland and New Zealand.

Termination of this agreement does not affect any rights and obligations accrued prior to the termination date. We reserve the right to refuse service or terminate your account for any violations of our policies or applicable legal obligations.


Section 17 - Entire Agreement

These Terms of Service, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party. This agreement represents the full and complete understanding between you and us concerning the use of the website and services.

The failure of either party to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

This entire agreement is subject to and shall be interpreted according to the relevant Swiss and New Zealand laws applicable to this business and its services. Any additional terms, policies, or provisions introduced in specific sections shall align with the regulations of these jurisdictions, ensuring that customers’ statutory rights are protected.


Section 18 - Governing Law and Jurisdiction

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of Switzerland. By using our website and services, you agree that any disputes arising out of or relating to these Terms of Service will be resolved under Swiss law.

However, for customers based in New Zealand, these Terms of Service shall also recognize and be subject to the mandatory consumer protection laws applicable in New Zealand, including but not limited to the Consumer Guarantees Act and the Fair Trading Act. These laws provide statutory rights that cannot be waived or limited by this agreement.

In case of any conflict between Swiss law and New Zealand consumer rights, the protections offered under New Zealand law will prevail for customers residing in New Zealand.

Any disputes that may arise under this agreement shall be submitted to the competent courts of Switzerland, except in cases where mandatory consumer protection provisions of New Zealand law stipulate otherwise.


Section 19 - Consumer Rights and Protections in New Zealand

For consumers residing in New Zealand, the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) provide additional protections that apply to the purchase of goods and services from us. These Acts ensure that goods and services are of acceptable quality, fit for purpose, and meet the expectations set out in descriptions or advertisements.

Nothing in these Terms of Service is intended to limit or exclude the rights that you have under New Zealand consumer protection laws. Under the CGA, you have the right to repairs, replacements, or refunds in certain circumstances where the goods or services fail to meet these standards. The FTA prohibits misleading or deceptive conduct and false representations about the goods or services offered.

If any provision of these Terms of Service conflicts with your rights under the CGA or FTA, your statutory rights will prevail, and the conflicting provision shall be modified to ensure compliance with New Zealand law.

For any disputes or concerns relating to your consumer rights in New Zealand, please contact us directly, and we will work to resolve the issue in accordance with these legal protections.


Section 20 - Customs Duties, Taxes, and GST

When purchasing products from our website for shipment to New Zealand, you, the customer, are responsible for ensuring compliance with all applicable customs regulations. All prices listed on our website exclude any applicable customs duties, import taxes, and Goods and Services Tax (GST) unless otherwise stated.

Upon arrival in New Zealand, your order may be subject to customs duties, import taxes, and GST, as required by New Zealand law. These additional charges must be paid by you and are not included in the product purchase price or shipping fees listed on our website. The exact amount of these charges will depend on the customs policies in New Zealand, and we have no control over these fees.

Not all products may be subject to customs duties or taxes. Whether or not customs fees apply can depend on the type of product, its declared value, and the quantity of goods ordered. Smaller orders or products below certain thresholds may be exempt from customs duties, but this varies based on New Zealand’s customs regulations.

We recommend that you check with your local customs office or tax authority for more detailed information regarding the duties, taxes, and GST applicable to your purchase before completing your order. Failure to pay these charges may result in your order being held at customs or returned to us, and we will not be responsible for any delays or additional costs incurred.

For New Zealand-based customers, the total cost of your purchase, including any applicable GST, may be calculated during checkout, where required by law.


Section 21 - Returns, Refunds, and Warranties for New Zealand

We are committed to providing goods and services that meet the quality expectations of our customers. In compliance with New Zealand’s Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986, you have the right to seek a repair, replacement, or refund if the goods you purchase are not of acceptable quality, fit for purpose, or as described.

Returns and Refunds

If you are not satisfied with your purchase, you may be entitled to return the item within [insert return window, e.g., 30 days] of receipt for a refund or exchange, provided the product is unused and in its original condition. Refunds will be issued to the original payment method.

For faulty goods or goods that do not meet the statutory guarantees under the Consumer Guarantees Act, you are entitled to choose a repair, replacement, or refund. If the fault is minor, we may choose to repair the product. If the fault is substantial or cannot be fixed within a reasonable timeframe, you are entitled to a full refund or replacement.

Please note that we do not cover the cost of return shipping for change-of-mind returns.

Warranties

In addition to the rights provided under the CGA, certain products may come with additional manufacturer warranties. These warranties are subject to the terms and conditions provided by the manufacturer and do not limit or exclude your rights under New Zealand law.

Warranties do not cover damage caused by improper use, neglect, or unauthorized repairs or modifications. We reserve the right to inspect the product before providing any remedies under these warranties.

Process for Returns and Warranty Claims

To initiate a return or warranty claim, please contact our customer service team at [insert contact details] with your order number and a description of the issue. We will provide instructions on how to return the item and will process your request as quickly as possible.

For warranty claims, proof of purchase may be required, and in some cases, the product may need to be inspected to determine the appropriate remedy.


Section 22 - Limitation of Liability and Warranties for New Zealand

To the extent permitted by New Zealand law, we will not be held liable for any damages, losses, or claims arising from your use of our products or services, except where such liability cannot be excluded under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA). These Acts provide you with certain statutory rights, including guarantees that products are of acceptable quality, fit for purpose, and match their descriptions.

We expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, except to the extent required by New Zealand law.

Where permitted under New Zealand law:

  • We are not liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or goodwill, that may result from the use of or inability to use our products or services.
  • Our total liability for any claim arising from your use of our products or services will be limited to the amount you paid for the product or service.

Nothing in these Terms is intended to limit or exclude any rights or remedies available to you under New Zealand’s Consumer Guarantees Act or Fair Trading Act. If a product you purchase from us fails to meet the guarantees set by these Acts, you are entitled to a repair, replacement, or refund.

In cases where our liability cannot be limited by law, we will comply with all applicable obligations under New Zealand law to rectify the situation.


Section 23 - Data Privacy and Protection

Your privacy is important to us. We are committed to handling your personal data in compliance with the Swiss Federal Act on Data Protection (FADP) and New Zealand’s Privacy Act 2020. By using our website and services, you agree to the collection, storage, and use of your personal information in accordance with these laws and our Privacy Policy.

We collect and process your personal data solely for the purposes of providing our services, processing orders, and improving our website experience. This may include information such as your name, contact details, payment information, and other personal data provided during transactions.

Data Protection Under Swiss Law

Under the FADP, we are required to protect the personal data of individuals by ensuring that it is processed lawfully, fairly, and in a transparent manner. We take appropriate technical and organizational measures to prevent unauthorized access, disclosure, alteration, or destruction of your personal information.

Compliance with New Zealand's Privacy Act

In accordance with New Zealand's Privacy Act 2020, you have the right to access and correct any personal information that we hold about you. We will take all reasonable steps to ensure that the personal information we collect is accurate, up-to-date, and securely stored. You may request access to or correction of your personal data at any time by contacting us at [insert contact details].

Data Sharing and Transfers

We may share your personal data with third-party service providers who assist us in delivering our services, such as payment processors and shipping companies. These third parties are required to handle your personal data in accordance with applicable privacy laws and our instructions. We will not sell, lease, or otherwise distribute your personal information to third parties for marketing purposes without your explicit consent.

If your personal data is transferred outside of Switzerland or New Zealand, we ensure that such transfers comply with the relevant data protection regulations, including securing adequate protections for the transferred data.

For further details on how we handle your personal data, please refer to our Privacy Policy. If you have any questions or concerns about our data protection practices, please contact us at info(AT)kelly-auckland.com


Section 24 - Changes to the Terms of Service

We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to review these Terms of Service periodically for any changes. Any modifications will be effective immediately upon posting.

By continuing to use or access our website or services following the posting of any changes to these Terms of Service, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the website and services immediately.

We will endeavor to notify you of significant changes to these Terms of Service, either by prominently posting a notice on the website or by sending you an email notification. However, it remains your responsibility to regularly check for updates and ensure compliance with the latest version of the Terms of Service.

For any questions regarding changes to these Terms of Service, please contact us at [insert contact information].


Section 25 - Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need assistance with any aspect of the website or services, please contact us at:

Kelly Auckland
Email: info(AT)kelly-auckland.com
Mailing Address: Postfach 37, 8840 Einsiedeln, Switzerland
Website: https://www.kelly-auckland.com

We strive to respond to all inquiries as promptly as possible and are happy to assist with any concerns related to these Terms of Service or any services we provide.