1.1 In these terms and conditions:
(a) “we”, “us” and “our” refers to Florence & Fortitude Limited;
(b) “our website” means www.florenceandfortitude.com; and
(c) “you” refers to you as the customer.

1.2 These terms and conditions apply to:
(a) the purchase of goods and services by you from us, including through our website; and
(b) any access and use of our website or the information contained on our website.

1.3 We reserve the right to change these terms and conditions without prior notice to any customer, so please ensure that you read these terms and conditions carefully each time you place an order with us.

1.4 When placing an order with us you accept these terms and conditions, and any amendments to them, which will represent your agreement to be bound by these terms and conditions.

2.1 All orders are subject to our approval and product availability. We hold the right to accept or reject any order placed by you. Once an order has been accepted by us and payment received you cannot cancel the order.

2.2 When your order has been accepted, you will be sent an email confirming that your order has been placed. You will receive a further email from us notifying you that your order has been dispatched and containing your tracking information.

2.3 We endeavour to have our pricing as accurate as possible on our website but we reserve the right to change prices at any time.

2.4 All orders placed within New Zealand will be subject to GST, which will be included in the price advertised on our website.

2.5 International orders may be subject to Customs import duties and taxes based on your country’s control and regulations. Payment of these duties and taxes are your responsibility of the person receiving the goods and are collected at the time of delivery. It is your responsibility to make yourself and the recipient of the goods aware of these import duties and taxes.

2.6 Prices listed for items exclude shipping charges, which will be calculated at checkout.

3.1 Orders will not be accepted by us unless and until the order has been paid in full.

3.2 All credit and charge card holders are subject to validation checks and authorization by the card issuer. If the issuing institution refuses to authorize payment to us your order will not be processed and no goods will be dispatched to you. We will not be liable for any delay or non-delivery of orders due to card holder or validation checks and authorization.

3.3 We use Shopify Payments to process all payment transactions for orders placed on our website. Please refer to Stripe’s terms and conditions at www.stripe.com.

4.1 All items sold on our website are either in stock or made to order both subject to limited production numbers.

4.2 Production times vary depending on order method and item:
(a) In Stock will typically be dispatched within 2-5 days.

(b) Made to order items will typically be made and dispatched within 3-5 weeks.
(c) Custom Order items may be available for sizes outside of the current production range, and made to specific requirements or designs, to a production timeframe to be discussed with you.

4.3 It is possible that, on occasion, we will be unable to fulfil your order within the estimated timeframes. If this is the case, we will inform you as soon as possible with details of any delays and provide you with a revised target delivery date.

5.1 Delivery times vary depending on your shipping location and method.

5.2 We use reputable courier companies to deliver your goods with tracking and with a signature required.

5.3 If your goods are lost or sent back to us for non payment of any import duties or taxes, we do not offer a refund, exchange or credit note.

5.4 We take no responsibility for the shipping or delivery of any goods you return to us. You are responsible for any import or tax duties on any return to us.

6.1 We may cancel an order for any reason which is beyond our reasonable control including (but not limited to) industrial action, shortage of materials required to produce the item(s), where the item(s) have been damaged or destroyed prior to delivery, and significant shipping delays or failures by suppliers to produce the item(s) to our required standards.

6.2 You may cancel an order if we are unable to fulfil your order within 2 months after the stipulated target delivery date.

6.3 If any order is cancelled under clause 6.1 or 6.2, then:
(a) we will provide a full refund by credit to the credit card you used to make payment for the order; and
(b) we shall not be liable to you or any other person for any loss or damages suffered by you due to a failure by us to fulfil the order.

7.1 If you discover items ordered from us to be faulty or damaged on delivery, then we ask that you notify us of the fault or damage within 3 days of delivery. We will provide a remedy as required by the Consumer Guarantees Act 1993 (NZ), which may include a refund, exchange, or repair.

7.2 Returns will only be accepted by us if the items are:
(a) unused with tags attached;
(b) free of perfume and/or make up or any other marks; and
(c) returned to us for inspection within 14 days of delivery.

7.3 Please be aware that we are not required to provide any remedy if you change your mind about a purchase, so please choose carefully. We may, in our discretion:
(a) offer a credit note on returns which will be valid for a period of 12 months; or
(b) exchange the item, which will be subject to availability.

7.4 We may, subject to review on a case by case basis and at our discretion, agree to mend, replace missing buttons, replace broken zips, re-hem or shorten hems on items ordered from us, provided that any replacement components remain subject at all times to availability.

7.5 You will be remain responsible for the costs of shipping and/or taxes on products returned to us. We will not be liable for any items lost or damaged in transit.

8.1 Every care is taken in maintaining our website but errors and omissions in the information, availability and prices may occur. We will endeavour to accurately portray and describe our products. However, images are illustrative in nature and may not reproduce in the exact colour or reflect the full design of the product.

8.2 If there has been an error in the price of goods that you have ordered, we will inform you as soon as possible. You can choose to either cancel your order or continue with your order at the correct price. If we are unable to contact you about an incorrect price we will cancel your order and your payment will be refunded to you in full.

8.3 It is your responsibility to ensure that all information you provide to us is complete and accurate. Where information given by you is incomplete, misleading or incorrect, you will be responsible for any costs involved in obtaining accurate information and any redelivery of the product.

9.1 We are committed to protecting the privacy of your personal information in accordance with the Privacy Act 1993 (NZ). This privacy policy applies to all personal information obtained and held by us.

9.2 We may collect personal information including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number, provided by you in the course of placing an order.

9.3 We will only use your personal information for the primary purpose for which it was collected.

9.4 We will not disclose your personal information to third parties without your consent.

9.5 You may ask us for access to, correction of, or deletion of any personal information that we hold about you by sending a written request to: customercare@florenceandfortitude.com.

10.1 Although we take care to ensure the accuracy of the content on our website, we make no warranties as to the accuracy of the information we place on our website.

10.2 We pride ourselves on our products being made from fabrics that are all deadstock, organic (GOTS certified), OEKO-TEX, or traceable. However, we rely entirely on our suppliers and wholesalers in relation to all fabric information and certification provided by third parties.

10.3 The extent of our liability for any breach of these terms and conditions and/or the accuracy of the content on our website, shall in all cases be limited only to the value of the goods ordered by you in the relevant transaction.

11.1 These terms will be deemed to take effect as a contract made in New Zealand, and will be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

11.2 All information on our website, including product designs, is owned or licensed to us. You are not permitted to copy, reproduce, publish or use in any manner any information, designs, or other content contained on our website.

11.3 We reserve the right at any time, without prior notice or any liability to you, to cancel or suspend any or all services provided by our website.

Published by Ian Edward, Rotorua, New Zealand 2023.