Terms & Conditions
General
OBriasco Bridal Boutique & Alterations is owned and administered by OBriasco Limited, NZBN 9429050370139.
References to OBriasco, us, our or we in the following Terms and Conditions agreement are references to OBriasco Limited.
References to product, gown, or dress refers to the items we design, make and sell in store and online.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.
Our website is operated by us from New Zealand. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
If you have any questions or concerns in relation to these terms and conditions please contact us.
User Obligations
By purchasing from us you agree to be bound by these terms and conditions. We reserve the right to amend these terms and conditions at any time, we therefore recommend that you review these terms and conditions each time you make an order/purchase and/or visit our website.
When you contact us or make an order with us in person or through our website, you are making an offer to buy the goods and/or services in accordance with these Terms and Conditions. In doing so, you will be required to provide details to enable us to fulfil the order to you.
Intellectual Property
The designs and content contained within our website is intellectual property which is either owned or licensed by OBriasco Ltd.
You must not replicate or copy the design of our products or any part of them, nor commission or instruct any third party to do so without our prior written permission.
By placing an order, you grant us the right to use photographs and videos of you in your gown/product that are already available publicly online for our self-promotional purposes, including on our social media pages and websites.
The website is intended solely for personal non-commercial use. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission. You may not systematically extract or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) without our prior written permission. You may not create and/or publish your own database that features content on this website without our prior written permission.
Each of the various trademarks, product names, company names and corporate identities represented on our website are the property of the individual companies, used by us with their permission, and are not to be reproduced or used without the express permission of its owner.
Product Information
We have made every effort to display our products featured as accurately as possible. The colour, trim or fabric of your product may vary slightly from any sample seen in person or online we have previously supplied or shown to you. Products displayed on our website are subject to availability in our showroom and online store.
You must thoroughly inspect your purchased product at your final appointment (where relevant) and advise us if you believe there are any flaws or other issues with your product. We will discuss any concerns you have and take steps to remedy them, where appropriate. If your product is delivered, you must thoroughly inspect your product as soon as possible after delivery and if you consider your product to have any flaws, please take photographs and promptly contact us within 7 days of receiving your product.
Product measurements provided in store and online are approximate only.
We reserve the right to limit quantities or limit the number of products customers can purchase in a single transaction.
OBriasco Ltd reserve the right to change any aspect of our product information at any time without notice.
Size Selection
You confirm that you have elected to order your product in the agreed size, as detailed on your order confirmation. We are able to assist you in choosing the appropriate size for your product in reference to our standard sizing guidelines by taking your measurements at OBriasco Bridal Boutique but the final decision of which size you order is yours to make. If we have taken your measurements prior to you placing your order, they will be kept in our records.
If you fit into more than one standard size category, you may request we split different parts of the product to different sizes, and additional fees may apply. You acknowledge that we may not be able to split the sizing due to design and fabric restrictions. If you require changes to your product other than sizing and extra length, Alteration Services will be required at additional cost to you unless otherwise stated. It is your decision on where you seek the Alteration Services required.
When choosing your product you agree to take into consideration any body measurement fluctuations affecting your measurements that may occur between placing your order and the completion of your product. You acknowledge that Alteration Services may not be able to be performed to cater for fluctuations due to design or fabric restrictions.You agree that you will not be entitled to a refund or other compensation, if you are not able to use your product due to any fluctuation.
Pricing and Payment
All prices are in New Zealand dollars, inclusive of goods and services tax (GST) unless otherwise stated. We have made every effort to provide accurate pricing information. In the event of a pricing error, the inaccurate price will not be honoured at our showroom, online or at stockists, and we reserve the right to cancel any orders placed in this error.
The price must be paid in full prior to your final appointment or shipment date. You agree to pay all invoices issued under these Terms and Conditions by the relevant due date and agree time is of the essence when making payments. You agree that we will not commence the making of your product until the deposit is paid nor we will make your completed product available to you until we have received all payments due in full.
Additional fees may be applied if your order is to be filled within 4 months or less of the due date. All Payments that are not made within 10 days of their due date, will be subject to a 10% late payment fee on the overdue amount.
Completion of Order
You acknowledge that scheduled completion dates may be delayed as a result of factors outside our reasonable control (for example, where your sizing has changed, or due to an act of god: Force Majeure Event). You agree it is your responsibility to allow for unforeseen delays when choosing the time to place your order and the timing of your wedding.
Products will be available for collection within three to six months of order date. You agree that you will collect your gown within this period. If you are unable to collected your gown during this period, you have the option to place the order on hold for a period of up to 12 months during which you may reinstate the order. If the order is reinstated during this 12 month period, we will complete the order and charge you a reinstatement fee of 10% of the order price. If you fail to reinstate the order during the 12 months, the order is cancelled and the amount paid to date is nonrefundable.
Not all products can be delivered. If we do agree to deliver your product, ensure the delivery address and receivers name for your order is accurate and complete (including any business name if shipping to a business address) as we may be unable to change these details once the order has been placed. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you. We will endeavour to deliver goods on the agreed delivery dates but, to the maximum extent permitted by law we will not be held liable for late delivery.
Delivery to rural addresses or delivery of dangerous goods may take longer in some areas. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you, or, if you are to arrange delivery, when the goods are available for collection by you.
Risk in the goods will pass to you on delivery.
Returns and Refunds
If your item was delivered without a final appointment at OBriasco Bridal Boutique, you are required to contact us within 7 days of receiving your order if you wish to discuss returns or exchanges. To facilitate a return or exchange the product is to remain in the same original condition as it was received and is in resealable condition with all labels and tags attached, and packaging material returned to us.
Returns and exchanges are at your expense, unless the item is faulty or we have sent the incorrect item, in which case we will issue you a return label for your order. We will require the product/s back within 14 days once a return or exchange has been agreed. You are required to use tracking or a signature required courier. We will endeavour to assess the condition of the returned item within 7 days of receiving it.
If you have made personal customisations to the product at your request prior to the completion of your order, including but not limited to a size split and/or hem length, this is considered a one-off item made especially for you to fit your specific requirements, therefore these items are ineligible for returns or exchanges, unless faulty, in which case the New Zealand consumer law applies.
We do not allow returns or exchanges for change of mind and sale items. All sale items are final and are ineligible for returns, unless faulty, in which case the New Zealand consumer law applies.
For hygiene reasons, undergarments and earrings are ineligible for returns or exchanges, unless faulty, in which case the New Zealand consumer law applies.
In general, we will follow the guidelines provided by New Zealand consumer law. We will consider (at our discretion) the following:
-In the case of a fault, fixing or repairing the item;
-In the case of a fault or exchange request, replacing the item with an identical item; or
-If no reasonable remedy is available within an acceptable time frame, we will refund your order.
We will do our best to provide you with options within a reasonable timeframe.
All successfully returned items will be credited to the original payment method. The original shipping charges will not be refunded. Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.
Title and Delivery
Title to the product free of encumbrances and all other adverse interests will pass to you on completion of full payment and pick up/delivery.
If you have elected for your product to be mailed to you and this agreement is terminated after the product is dispatched to you (and we are not able to stop the delivery), then upon delivery, you must refuse delivery of the product and return to sender at our cost.
Limitations of Liability
To the maximum extent permitted by law:
We exclude all warranties, descriptions, representations or conditions in relation to the goods and/or services provided by us implied by law, trade, custom or otherwise
Where goods are advertised with reference to photograph(s) we will endeavour to deliver the corresponding goods, however we do not warrant that the goods we deliver to you will be identical to those displayed in the photograph(s);
Our liability for any claim, damages, loss or expense related to the supply by use of goods or services is limited to the cost paid by you for such good or services,;
Any loss suffered by you as a result of your product not being ready by your wedding date due to a Force Majeure Event (defined above);
We will not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or special loss or damage to your product caused by you at any time, or loss of profits, loss of data, loss of savings, loss of opportunity, or any loss suffered by you in relation to this agreement as a result of you breaching these Terms and Conditions.
Nothing in these terms and conditions will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.
Termination
We may terminate this agreement and cancel your order for the product, but only if:
You have breached a term of this agreement;
We are no longer engaged in trade or commerce;
Any amounts owing to us are overdue by more than 30 days; or
The product is no longer available.
If we cancel your order we will endeavour to provide you with reasonable notice of that cancellation and will refund to you all the amounts (if any) paid by you under this agreement.
You may terminate this agreement and cancel an order by emailing us at contact@obriasco.com prior to two months of your pick-up date or estimated shipment date. You are unable to terminate this agreement within two months of your pick-up or estimated shipment date.
If you cancel your order we will refund any amounts paid by you under this agreement less the termination fee. The termination fee payable by you is 50% of the product price. To the extent that the termination fee of the product (including GST) is greater than amounts paid to date, you will be invoiced for the difference and this amount will be immediately payable.
For any further inquiries, please contact us at contact@obriasco.com.