MONDEGREEN TERMS & CONDITIONS
This page provides information about who we are and the legal terms and conditions that may apply to your use of the Mondegreen website and any product or service you order from us. Please also check the “Returns Policy” provided separately. You can view this policy by following the link to Returns Policy.
Contact for Mondegreen
If you would like to get in touch with Mondegreen our contact details are as follows;
P O Box 387 87
17b Regent Street, (for dispatch services only)
Phone: 0800 273 273 (NZ)
Phone: 1800 141 058 (Australia)
General Terms and Conditions
These terms and conditions apply to your use of the Mondegreen website at www.mondegreen.co.nz and www.mondegreen.com.au (the "Website"). You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, including the “Returns Policy” provided separately, you must not use this Website.
Your use of this Website
You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use, you may not without our prior written consent:
- Copy, reproduce, use or otherwise deal with any content on the Website;
- Modify, distribute or re-post any content on the Website for any purpose;
- Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;
- Use the content of the Website for any commercial exploitation whatsoever
Use of this Website from outside New Zealand
Except where otherwise specified on this Website, the materials on this Website are displayed for the purposes of promoting Mondegreen's products and services originating in NZ. However Mondegreen may accept orders for delivery to locations outside of NZ subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside NZ or place orders for delivery to locations outside NZ are responsible for compliance with local laws if and to the extent local laws are applicable.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Mondegreen shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Ownership of rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Mondegreen.
Accuracy of content
To the extent permitted by applicable law, Mondegreen disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Mondegreen or any of its group companies.
Damage to your computer or other device
Mondegreen uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Mondegreen shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Links to other websites
From time to time we may place links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Mondegreen cannot accept any liability in respect of the use of these websites.
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- Orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- All prices are displayed in New Zealand dollars inclusive of NZ GST (save for our Australian and other international deliveries) and shipping costs, unless expressly indicated otherwise
- Packaging may vary from that shown on the Website;
- The weights, dimensions and capacities shown on the Website are approximate only;
- Whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
- All items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain the property of Mondegreen until we have received payment in full from you for those products.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 20 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside New Zeland. Mondegreen reserves the right to define what can and cannot be delivered to which destination.
Payment - Purchases will be made in Australian dollars for orders originating within Australia and New Zealand dollars for all other orders. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Mondegreen products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Cancellation of order
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
- Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
- Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us as soon as possible. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging in accordance with the returns policy. You can view this policy by following the link to Returns Policy.
- Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
Mondegreen Gift Card - Terms & Conditions
- Gift cards can be used for purchase of goods only from the Mondegreen website
- Gift cards may be used to purchase goods of a lower value than the amount on the Gift Card and the remaining balance will be held on account for future use
- Any remaining balance will be cancelled on expiry of the validity period
- Gift cards may be used to purchase goods of a higher price than the amount on the gift card, on payment of the difference
- Please treat the Gift Cards like money, Mondegreen will not accept liability for lost, stolen or damaged gift cards
- Gift cards are valid for 12 months from the date of issue
- The issue date and date of expiry will be clearly stated on the card
- Gift cards cannot be exchanged for cash
- Gift Cards cannot be returned or refunded
If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
- The gift message service is provided for your own personal and non-commercial use only;
- The gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
- You will not impersonate any person, including but not limited to any of our employees or customers;
- You are entirely responsible for the text and other content of your gift message and Mondegreen accepts no liability for any such content;
- We do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
- We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
We will never make your personal details available to other companies for marketing purposes other than for the marketing of Mondegreen branded products and services. Mondegreen will hold your personal details in order to process your order and/or maintain your account.
Mondegreen may also use your details to send you further information on Mondegreen branded products and services, to keep you up-to-date on goods, services, new collections and promotional offers you may be interested in or for research purposes.
If you prefer not to receive such information or be a part of such research, please write to Mondegreen, using the contact details provided above.
This website is owned and operated by Booker~Spalding Ltd which is a company registered in New Zealand (company registration number 4101) Our GST number is 10-579-929. Unless we say otherwise, we use the terms "MONDEGREEN", "Mondegreen", "we" and "us" on this page to refer to our registered trade name, Mondegreen.
Use of MONDEGREEN Brand
You may not use any product image, designation, service mark, trademark or any other trading name or style of Mondegreen (“MONDEGREEN Brand”) without having first obtained our consent in writing.
Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.
Last updated 01/03/2011