Terms and Conditions and Refunds Policy

  1. Definitions
    • CGA means the Consumer Guarantees Act 1993.
    • Goods means goods to be supplied by us (and where the context so permits shall include any supply of Services).
    • Services means all services supplied by us and includes any advice or recommendations
    • Terms and Conditions means these terms and conditions.
    • Website means the internet site operated by us by which Goods are offered for sale online.
    • We, Us and Our refers to Little Cotton Cloud Limited.
    • You and your refers to you, the buyer of Goods.
  2. General
    • These terms and conditions together with our Website Terms of Use and our Privacy Policy apply to your purchase of Goods made by you via our Website.
    • These terms and conditions are drafted on the basis that, and unless we specifically agree otherwise you warrant that you are a consumer and do not purchase Goods for operation of a business.
  3. Orders
    • Any order of Goods made through our Website is an offer to buy the Goods in accordance with these Terms and Conditions.
    • The Goods are as described on the Website at the time of your order.
    • You must provide full and accurate details when you place an order.
    • On acceptance of your order a contract shall come in force governed by these Terms and Conditions.
    • We are not required to accept any order.
    • We may cancel an order for Goods that we have accepted at any time before delivery. We shall promptly repay to you any sums paid in respect of the price for those Goods but we shall not otherwise be liable for any loss or damage whatsoever arising from such cancellation.
  4. Use of the Website
    • You shall be liable for every order placed using your account.
    • Your use of our Website shall otherwise be governed by our Website Terms of Use.
  5. Prices and Payment
    • The price for the Goods shall be the price stated on the Website at the time of your order but we will not be bound by any manifest errors or omissions.
    • Payment must be made by credit or debit card at the time of order or as otherwise permitted on our Website, including Afterpay and Laybuy subject to their terms and conditions (https://www.afterpay.com/en-NZ/terms-of-service & https://www.laybuy.com/nz/consumer-terms).
    • All prices shall be in New Zealand dollars and include GST and other taxes and duties where applicable.
    • Any delivery and other charges are in addition to the prices stated and are payable at the time of order.
  6. Delivery
    • We only deliver to physical addresses in New Zealand and not to PO boxes or private mail bags.
    • We will inform you after we have shipped your Goods and provide you with an estimated delivery date.
    • Whilst we make every effort to deliver the Goods on the dates stated to you these dates are estimates only.
    • Delivery of the Goods shall be made to the delivery address specified by you at the time of your order.
    • You shall make all arrangements necessary to take delivery of the Goods whenever they are delivered. We may assume that any person accepting delivery of the Goods is authorised to do so on your behalf. 
  7. Risk
    • Property and risk in the Goods passes to you on delivery.
  8. Returns – Change of Mind
    • We understand that not every purchase may match your expectations. We offer 14 day returns in exchange for a refund or store credit (issued to you) if you change your mind about the Goods.  This is in addition to your rights to return defective Goods under the CGA (see below).
    • Any Goods you return must be suitable for resale. This means that a product must be in its original unused condition, specifications and packaging, along with any accompanying accessories/Guarantees/Instructions together with the invoice and/or packing slip accompanying the Goods.  Goods cannot be returned if they have been engraved, modified, damaged, altered or sized.
    • Goods must be returned and inspected with proof of purchase before any credit will be granted.
    • We cannot accept the return of the following types of Goods: underwear, bedding accessories, edible products, fragrances, skin care, cosmetics, personal hygiene products, personalised products, gift cards, promotional products sold with free shipping or clearance products.
    • Any refund or store credit will not include any shipping costs
    • You are responsible for the cost of returning the product to us
    • If Goods are returned that do not meet the above criteria:
      • The Goods will be returned to you at your expense and upon your payment of further shipping fees; or
      • If we are not provided with further shipping fees and a return shipping address the Goods will be disposed of after 30 days from receipt
  1. Returns – Defective Goods
    • We will repair, replace or refund any Goods in accordance with the CGA if the Goods do not meet the standards set out in the CGA (see below). This is in addition to our no obligation returns policy (see above).
    • Goods must be returned and inspected with proof of purchase before we will provide any repair, replacement or refund.
    • Any refund will be credited to the card used to purchase the Goods. We will not offer you a store credit when providing you with a refund unless agreed upon in writing.
    • If you return Goods on the basis that they are defective but they comply with the CGA:
      • The Goods will be returned to you at your expense and upon your payment of further shipping fees or
      • If we are not provided with further shipping fees and a return shipping address, the Goods will be disposed of after 30 days from receipt.
  1. Returning Goods

In order to return Goods, please contact us via the “Contact Us” form at our Website, or via email at hello@littlecottoncloud.co.nz with your name, order number and a summary of the issue.  We will be in touch within two business days to arrange for the return of any product.

  1. Warranties and Liability
    • The CGA sets out minimum standards for the Goods. We provide the following guarantees in accordance with and as further set out in the CGA:
      • The Goods are of acceptable quality;
      • The Goods are reasonably fit for the intended purpose made known to us or represented by us;
      • The Goods match the sample and / or description.
    • We will also comply with our obligations under the Fair Trading Act 1986 (FTA). The FTA is designed to protect customers from being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing, where the product was made, where the product is from, the meeting of New Zealand safety standards, the availability of products and the sales techniques used.
    • Apart from any express warranties provided by us in relation to particular Goods or any implied warranties imposed under the CGA or any other applicable legislation, we make no representations and give no assurances, warranties or guarantees to you in relation to the Goods. To the maximum extent permitted by law, any warranty or guarantee implied by law, custom or practice is excluded
    • To the maximum extent permitted by law we are not liable to you for any indirect or consequential loss or damage of any kind however arising and our monetary liability to you shall be limited to the price of the Goods.
    • Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
  2. Personal Information

The use of your personal information is governed by our separate Privacy Policy.

  1. General
    • These Terms and Conditions cannot be varied except in writing between us.
    • None of our agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by a director in writing nor are we bound by any such unauthorised statements.
    • If any of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • We shall not be liable for any delay or failure to comply with our obligations under these Terms and Conditions which are caused by any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.
    • We may license or sub-contract all or any part of our rights and obligations without your consent.
    • These Terms and Conditions and each contract formed between you and us for the supply of Goods shall be governed by the laws of New Zealand and each party submits to the non-exclusive jurisdiction of the courts of New Zealand.