Terms and Conditions
Marie & Ella Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: the natural person acting for purposes outside their trade, business, craft, or profession who enters into a distance contract with the trader.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person offering products and/or services to consumers at a distance.
Distance contract: a contract concluded under an organized system for distance selling of products and/or services, using one or more means of distance communication up to and including the time the contract is concluded.
Means of distance communication: a method that can be used to conclude a contract without the consumer and trader being together in the same place at the same time.
Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Company name: Marie & Ella
Customer service email: info@marie-ella.com
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate where the Terms and Conditions can be viewed and that they will be sent free of charge upon request.
If the contract is concluded electronically, the Terms and Conditions may be provided electronically in such a way that the consumer can store them easily on a durable data carrier.
If specific product or service conditions apply in addition to these Terms and Conditions, the consumer may rely on the provision most favorable to them in the event of conflicting terms.
If one or more provisions are found to be void or unenforceable, the remaining provisions remain fully in effect. Any invalid provision will be replaced by one that reflects the original intent as closely as possible.
Any situations not specifically covered by these Terms and Conditions shall be interpreted in the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be stated clearly.
All offers are non-binding. Marie & Ella reserves the right to change or withdraw any offer at any time.
The offer contains a complete and accurate description of the products and/or services offered. Images and descriptions are intended to represent the products as accurately as possible. However, obvious errors or mistakes do not bind the trader.
All images, specifications, and product details are indicative and may not be grounds for compensation or cancellation of the contract. Slight variations in color may occur.
Each offer will clearly state:
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the price of the product
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any shipping costs
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the method by which the contract is concluded
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whether the right of withdrawal applies
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the available methods of payment, delivery, and execution
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the period during which the offer remains valid
Businesses selling in New Zealand must not mislead consumers about products, pricing, or advertising under the Fair Trading Act.
Article 5 – The Contract
The contract is concluded when the consumer accepts the offer and fulfills the applicable conditions.
If the consumer accepts the offer electronically, Marie & Ella will confirm receipt of the acceptance without delay. Until this confirmation has been received, the consumer may dissolve the contract.
Marie & Ella reserves the right, within legal limits, to verify whether the consumer can meet their payment obligations. If there is reasonable cause, the trader may refuse an order or attach additional conditions to its execution.
All agreements are subject to product availability.
Article 6 – Returns and Withdrawal
Marie & Ella accepts return requests within 30 days of delivery.
To be eligible for a return, the consumer must notify Marie & Ella in writing, for example by email, within 30 days of receiving the product. Returned items must be unused, in original condition, and returned in accordance with the return instructions provided.
If the consumer fails to notify the trader within this period, the purchase may no longer be eligible for return under the store’s return policy.
Nothing in this article is intended to limit any rights a consumer may have under applicable New Zealand consumer law. Consumers in New Zealand may have rights to a repair, replacement, or refund where goods do not meet consumer guarantees.
Article 7 – Costs of Return
The consumer bears the direct costs of returning the product unless otherwise agreed.
Return shipping costs are non-refundable.
Any refund approved under the store’s return policy will be processed within a reasonable time after receipt of the returned item or proof of return.
Article 8 – Exclusion of Returns
Marie & Ella may refuse returns for products:
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made according to the consumer’s specifications
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clearly personal in nature
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that cannot be returned by their nature
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that spoil or age quickly
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consisting of sealed hygiene products once opened
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consisting of audio, video, or software products once unsealed
This article does not limit any rights the consumer may have under applicable New Zealand consumer law.
Article 9 – Prices
During the validity period stated in the offer, prices of the products will not be increased, except for changes resulting from legal obligations.
All prices shown on the website are subject to typographical and pricing errors. Marie & Ella is not obligated to fulfill orders at clearly incorrect prices.
If products are shipped internationally, import duties, customs charges, or taxes may apply depending on the destination country. These charges are the responsibility of the customer unless stated otherwise.
Article 10 – Conformity and Consumer Guarantees
Marie & Ella guarantees that the products conform to the contract, the specifications stated in the offer, and reasonable standards of quality and usability.
Under New Zealand’s Consumer Guarantees Act, goods sold by businesses to consumers must meet minimum guarantees, including being of acceptable quality, fit for purpose, and matching their description. Remedies may include repair, replacement, or refund where those guarantees are not met.
Any defects or incorrectly delivered products should be reported in writing within a reasonable period after delivery.
The warranty does not apply if:
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the product has been misused
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unauthorized modifications or repairs have been made
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the issue results from normal wear and tear
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the issue is caused by external circumstances beyond the trader’s control
Nothing in these Terms and Conditions is intended to limit or exclude any rights a consumer may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Article 11 – Delivery and Execution
Marie & Ella will process orders with the greatest possible care.
Delivery takes place at the address provided by the consumer.
Orders will be fulfilled within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, the consumer will be informed as soon as possible and may be offered an appropriate solution.
The risk of loss or damage to products passes to the consumer at the moment of delivery.
New Zealand consumer guidance states that consumers may have rights where products are late, lost, damaged before arrival, or do not match what was described.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
If a contract has been entered into for an indefinite period, the consumer may terminate it at any time, subject to a notice period of no more than one month.
A fixed-term contract ends automatically at the end of the agreed term, unless otherwise agreed in writing.
Renewal of a fixed-term agreement will only occur if this has been clearly agreed upon in advance.
Article 13 – Payment
Unless otherwise agreed, amounts due must be paid immediately upon placing the order through one of the offered payment methods.
The consumer is obliged to report any inaccuracies in payment details provided or stated without delay.
In the event of non-payment, Marie & Ella is entitled, subject to legal limitations, to charge reasonable costs of collection after giving prior notice.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to Marie & Ella within a reasonable period after the consumer has discovered the issue.
Complaints can be sent to:
info@marie-ella.com
Marie & Ella will respond to complaints within 30 days of receipt. If a complaint requires a longer processing time, the consumer will receive confirmation and an indication of when a more detailed response can be expected.
If a complaint is found to be justified, Marie & Ella will, at its discretion, replace or repair the product, or offer another appropriate solution, without limiting any rights the consumer may have under applicable New Zealand law.
Article 15 – Governing Law and Disputes
These Terms and Conditions, and any agreements between Marie & Ella and the consumer, shall be governed by the laws of New Zealand.
Any disputes arising from or relating to these Terms and Conditions or any agreement between the trader and the consumer shall be subject to the jurisdiction of the competent courts of New Zealand, unless mandatory law provides otherwise.