LETE Active Terms & Conditions – LETE ACTIVE
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Terms & Conditions

Our business is designing, sourcing and selling active wear (Clothing) using sustainable practises. Clothing sold via this website is sold upon the Terms and Conditions set out below.

  1. Definitions
    Contract
    means the contract between you and us for the purchase of any Clothing and incorporating these Terms and Conditions.

    Customer (you and your) means the customer who contracts for the purchase of any Clothing.

    Delivery means delivery of the Clothing in accordance with clause 8;
    Online Store (www.leteactive.com) means the online shopping portal where Clothing is displayed and via which our Clothing is available for purchase.

    Price means all fees, expenses, and costs for Clothing further identified in any tax invoice issued by us to you, which tax invoice(s) are deemed to be incorporated into and form part of these Terms and Conditions.

    Clothing means any active wear supplied by us to you at any time via our Online Store. “we”, “us” and “our” means Lete Active Limited.

  2. Interpretation

    1. 2.1  In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:

      1. (a)  that statute or statutory provision as modified, consolidated and/or re- enacted from time to time; and

      2. (b)  any subordinate legislation made under that statute or statutory provision.

    2. 2.2  The clause headings are intended as an aid to reading and do not affect the interpretation of these Terms and Conditions.

    3. 2.3  These terms shall be given a fair, large and liberal interpretation to the fullest extent permitted by law and shall not be construed against us.

    4. 2.4  In these Terms and Conditions, “persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts.

  3. Acceptance

    1. 3.1  Your use of our Online Store for the purchase of any Clothing shall constitute a binding Contract and affirms your acceptance of the Terms and Conditions contained herein.

    2. 3.2  Upon acceptance of these Terms and Conditions by you, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with our written consent.

  4. Price

4.1 The Price payable for the Clothing shall be the price displayed on our Online

Store and as altered by us at our sole discretion from time to time. 5. Payment

5.1 Payment for any Clothing shall be made in full at the time of purchase on our Online Store.

  1. Cancellation

    1. 6.1  We reserve the right to cancel any Contract and these terms and conditions or cancel delivery of the Clothing at any time before the Clothing is delivered by giving written notice. On giving such notice, we shall promptly repay to you any sums paid in respect of the Price.

    2. 6.2  In the event, we exercise our rights pursuant to clause 6.1, we shall not be liable for any loss or damage arising from such cancellation.

  2. Effects of cancellation

    1. 7.1  Upon cancellation of this Contract, all the provisions of these Terms and Conditions will cease to have effect, save for those provisions intended to and that will survive and continue to have effect (in accordance with their terms or otherwise indefinitely).

    2. 7.2  Cancellation of this Contract will not affect either party’s accrued liabilities and rights (including, where relevant, any accrued rights to be paid) as at the date of cancellation.

  3. Delivery of the Clothing

    1. 8.1  Delivery will be completed when we deliver the Clothing to the place nominated by you. You will bear the cost of delivering the Clothing to the nominated delivery point and which will be shown separately on the relevant invoice. The courier shall be deemed to be your agent.

    2. 8.2  If we indicate a delivery date, we will use our reasonable endeavours to try and deliver the Clothing to you by that date, but we will not be responsible to you in any way for delivery, delays or non-delivery. We will not be liable for any damage to the Clothing.

    3. 8.3  Our failure to deliver shall not entitle either party to treat this contract or any part thereof as void.

    4. 8.4  We shall not be liable for any loss or damage incurred by you whatsoever, due to the failure to deliver the Clothing promptly or at all.

  4. Returns policy

    1. 9.1  If you notify us within 14 days of receipt that you are not completely satisfied with the Clothing for any reason, we will refund the Price (not including the cost of Delivery) upon your returning the Clothing to us.

    2. 9.2  Returns will only be accepted and refunds provided if the Clothing is returned at your cost and with all packaging materials and instruction materials, as is reasonably possible in the circumstances, and subject to the Clothing being returned unworn, undamaged and in saleable condition.

    3. 9.3  Courier charges are non-refundable and all costs of returning Clothing to us are your responsibility.

  5. Privacy Act 1993 (New Zealand)

10.1 You authorise us or our agent to:

  1. (a)  access, collect, retain and use any information about you;

  2. (b)  for the purpose of marketing Clothing and services to you.

(c) disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of: providing or obtaining a credit reference; debt collection; or notifying a default by you.

  1. 10.2  Where you are a natural person the authorities under clause 10.1 are authorities or consents for the purposes of the Privacy Act 1993.

  2. 10.3  You shall have the right to request a copy of any information about you retained by us and the right to request us to correct any incorrect information about you held by us or for us to delete any information about you held by us.

11. Dispute Resolution

11.1 If a dispute arises between us about anything in relation to this Contract, then either party may notify the other in writing stating there is a dispute and giving details of it. You agree to first attempt in good faith to settle the dispute. These attempts may include using alternative dispute resolution techniques. Should these attempts not result in a resolution within one calendar month, then no proceedings will be issued in Court in respect of the dispute without the dispute first being mediated by a single mediator appointed by agreement between the parties and failing agreement and on the application of one of them, by the Chief Executive Officer for the time being of the Resolution Institute of New Zealand. The parties agree to mediate any dispute in terms of the Resolution Institute standard Mediation Agreement (NZ version).

  1. Intellectual Property Rights

    1. 12.1  By purchasing the Clothing you do not acquire any right, title or interest in any intellectual property rights, including without limitation any right to copyright, trade marks and patents, relating to, or found contained within any of the Clothing.

    2. 12.2  You must not use or seek any intellectual property rights, including without limitation any right to copyright, trade marks and patents, the rights to which belong to us or our suppliers or manufacturers, or found contained within any of the Clothing, or cause, assist or permit anything to occur which may interfere with, damage or endanger those intellectual property rights.

    3. 12.3  You agree not to at any time before or after the termination of this agreement, either directly or indirectly:

      1. (a)  use or seek, or allow any third party to use or seek to register any of the trademarks, logo, labelling which includes or is identical or deceptively or confusingly similar to, any of the trademarks or intellectual property belonging to us or found contained within any of the Clothing; or

      2. (b)  challenge in any legal proceedings, or otherwise, the validity or ownership of the intellectual property or our rights to register any trademark whether inside or outside the territory.

    4. 12.4  You must notify us immediately when you become aware of any unauthorised use or attempted use or infringement by any person of our copyright, trade marks or other intellectual property rights or those of our suppliers.

  2. Force Majeure

13.1 We shall not be liable for any failure or delay to deliver the Clothing where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside our reasonable control including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport

delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

14. Limitation of Liability
14.1 You acknowledge and agree that:

  1. (a)  our liability to you shall be limited to the amount equal to the Price as detailed on our invoice in each instance.

  2. (b)  we shall under no circumstances be liable to you or any other party for incidental, indirect, consequential or punitive damage or loss, cost or expense, including without limitation, damage based upon lost goodwill, lost sales or loss of profit, delay in delivery, work stoppage, production failure, impairment of other assets or based on any other cause, and whether arising out of or in connection with breach of warranty, breach of contract, misrepresentation, negligence or otherwise.

  3. (c)  we shall under no circumstances be liable to you for any damage, costs or liabilities caused by the use of defective Clothing or improper handling thereof or use of the Clothing or any purpose other than that for which the Clothing is intended.

15. General

  1. 15.1  Our failure to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

  2. 15.2  These terms and conditions and any agreement to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

  3. 15.3  You shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by us nor to withhold payment of any invoice because part of that invoice is in dispute.

  4. 15.4  We may license or sub-contract all or any part of our rights and obligations without your further consent.

  5. 15.5  You agree that we may amend these terms and conditions at any time. If we make a change to these terms and conditions, then that change will take effect from the date on which we update such change to our Online Store. You will be taken to have accepted such changes if you make a further request for us to provide any Clothing to you.

  6. 15.6  You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, you are not insolvent and that this agreement creates binding and valid legal obligations on you.