Terms of service
OVERVIEW
Welcome to Little Giggles. This online store is operated by Little Giggles Limited, a New Zealand company trading as Little Giggles. In these Terms of Service, “Little Giggles”, “we”, “us” and “our” refer to Little Giggles Limited.
Little Giggles Limited operates this store and website, including the related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with the policies referenced in them, are referred to as the “Terms of Service” or “Terms”. They describe your rights and responsibilities when you access or use the Services or purchase products from us.
Please read these Terms carefully. They include important information about orders, payments, delivery, intellectual property, warranties, liability and dispute resolution.
By visiting, interacting with or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not access or use the Services.
Nothing in these Terms limits or excludes any rights or remedies that cannot lawfully be limited or excluded, including rights under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other consumer-protection laws that apply to you.
SECTION 1 – ACCESS AND ACCOUNTS
By agreeing to these Terms, you represent that you are legally capable of entering into a binding agreement in the place where you live. If you permit a minor to use the Services through a device or account that you own or control, you are responsible for supervising that use.
To browse our store, create an account, or purchase products, you may be asked to provide information such as your name, email address, billing information, payment information and delivery address. You agree that the information you provide will be accurate, current and complete and that you have the right to provide it.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account, except to the extent that the activity results from our failure to use reasonable care or from circumstances outside your reasonable control.
You must not transfer, sell, assign or license your account to another person without our written consent.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to describe and display our products accurately. However, colours and appearance may vary slightly depending on your device, display settings and lighting conditions.
Product photographs, illustrations, measurements and descriptions are provided to help you make a purchasing decision. Minor variations that do not materially affect the product’s quality, safety, function or compliance with its description may occur.
Nothing in this section limits your rights if a product is faulty, unsafe, materially different from its description, or otherwise fails to comply with a guarantee or obligation that applies under New Zealand law or other applicable consumer law.
We may update product descriptions, discontinue products, or limit the quantity of products available to a person or location. Any such change will not affect an order that we have already accepted, unless the change is required by law, agreed with you, or addressed through an appropriate refund or alternative remedy.
SECTION 3 – ORDERS
When you submit an order, you are making an offer to purchase the products in that order. An automated order acknowledgement does not necessarily mean that we have accepted your order.
An order is accepted when we confirm acceptance, capture or confirm payment, or begin processing the order, whichever occurs first. If we cannot accept an order, we will take reasonable steps to notify you and will refund any payment already taken for products we cannot supply.
We may decline or cancel an order for legitimate reasons, including product unavailability, an obvious pricing or description error, suspected fraud, payment failure, delivery restrictions, or a breach of these Terms. We will not exercise this right in a misleading, unfair or unlawful manner.
Please review your order and delivery information carefully before submitting it. If you need to request a cancellation or correction, contact us promptly. We will try to accommodate the request, but we cannot guarantee that an order can be changed after processing or fulfilment has started.
Returns, refunds and remedies are governed by our Refund Policy and any rights you have under applicable consumer law.
Unless we agree otherwise, products purchased through our retail store are intended for personal or household use and not for commercial resale.
SECTION 4 – PRICES, TAXES AND BILLING
Prices are displayed in the currency shown at checkout. Prices, discounts and promotions may change without notice, but changes will not affect an order we have already accepted, except where there is an obvious error that we address in accordance with applicable law.
Any taxes that Little Giggles Limited is legally required to collect will be included in the displayed price or shown separately at checkout, as applicable.
The total amount payable for your order will be shown before you complete checkout. Shipping charges and any other charges collected by us will also be displayed before payment.
For international orders, your bank, card provider or payment provider may apply currency-conversion charges or other fees. The destination country may also impose customs duties, import taxes or handling charges. Unless checkout expressly states that we are collecting these amounts, they are not included in the amount paid to Little Giggles and may be payable by you to the relevant authority or carrier.
You agree to provide current, complete and accurate purchase, payment and account information. You confirm that you are authorised to use the payment method submitted with your order.
SECTION 5 – SHIPPING AND DELIVERY
Available shipping options and charges are shown at checkout based on the destination, products ordered and other applicable shipping settings.
Any delivery time shown is an estimate unless we expressly state otherwise. Delivery may be affected by carriers, customs processing, weather, peak periods, destination-country procedures, or other circumstances outside our reasonable control.
We will take reasonable care when arranging delivery and will provide any remedies required by applicable law if products are lost, damaged, or not delivered within a reasonable time.
Risk in the products passes to you when the products are delivered to you or to a person you have authorised to receive them, except where applicable law provides otherwise. If you independently arrange for a carrier that we did not offer or nominate, risk may pass when the products are provided to that carrier, to the extent permitted by law.
You are responsible for providing a complete and accurate delivery address. If a parcel is returned because the supplied address was incorrect or incomplete, we may charge reasonable redelivery costs, provided those costs are disclosed to you before redelivery.
SECTION 6 – INTELLECTUAL PROPERTY
The Services and their content, including trademarks, branding, text, images, graphics, illustrations, video, audio, product names and the design and arrangement of that content, are owned by or licensed to Little Giggles Limited, Shopify, or their respective licensors. They are protected by New Zealand intellectual-property laws and other applicable international laws.
You may access and use the Services for your personal, non-commercial use. Unless permitted by law or authorised by us in writing, you must not reproduce, distribute, modify, publicly display, republish, download, store, transmit, sell or commercially exploit material from the Services.
Nothing in these Terms grants you ownership of, or a licence to use, the intellectual property of Little Giggles Limited, Shopify, or any third party except for the limited personal-use permission expressly described above.
The names, logos, product names, designs and slogans associated with Little Giggles are trademarks or other intellectual property of Little Giggles Limited or its licensors. Shopify’s name, logos, product names, designs and slogans are the property of Shopify or its licensors. Other names and marks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools, features or services supplied by third parties. We might not monitor or control those third-party tools.
Your use of an optional third-party tool may also be subject to that provider’s terms and privacy practices. You should review those terms before using the tool.
To the extent permitted by law, we are not responsible for the independent acts or omissions of third-party tool providers. Nothing in this section limits any responsibility that cannot lawfully be excluded or any responsibility we have for representations made by us about those tools.
We may add new tools, resources or features to the Services. Unless stated otherwise, those additions will form part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites, content or services operated by third parties. A link does not necessarily mean that we endorse or control the third party or its content.
We are not responsible for the content, security or practices of an independent third-party website. If you follow an external link, you should review the third party’s terms and privacy policy.
Questions or disputes relating solely to products or services purchased directly from an independent third party should be directed to that third party. Nothing in this section excludes responsibility that we cannot lawfully exclude.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Little Giggles is powered by Shopify, which enables us to provide the Services to you. However, purchases made from our store are made directly from Little Giggles Limited.
Shopify provides the ecommerce platform and related technology but is not the seller of the Little Giggles products you purchase from us. To the extent permitted by law, Shopify is not responsible for the fulfilment, quality, safety or legality of products sold directly by Little Giggles Limited.
Nothing in this section limits any rights or remedies that cannot lawfully be limited, nor does it release Shopify from responsibility for Shopify’s own acts or omissions where that responsibility cannot lawfully be excluded.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Certain personal information may also be processed by Shopify in accordance with Shopify’s Privacy Policy.
Because Shopify hosts and supports the Services, information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside the country where you live. Please review our Privacy Policy for more information about how Little Giggles Limited, Shopify and relevant service providers collect, use and disclose personal information.
SECTION 11 – FEEDBACK
If you voluntarily submit ideas, suggestions, reviews, proposals or other feedback about the Services or our products (“Feedback”), you grant Little Giggles Limited a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, distribute and display that Feedback for the purposes of operating, evaluating, improving and promoting our business and Services.
This licence does not transfer ownership of your Feedback to us and does not permit us to use your personal information contrary to our Privacy Policy or applicable law.
You confirm that you have the right to provide the Feedback and that it does not unlawfully infringe another person’s rights. If you received payment, a free product, or another incentive for Feedback, you must disclose that fact where required by law.
We may moderate or remove Feedback that we reasonably believe is unlawful, fraudulent, abusive, defamatory, infringing, misleading, or otherwise in breach of these Terms. We are not required to publish or respond to Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We may correct an error and update inaccurate information. If a material error affects an order you have already placed, we will notify you where reasonably possible and provide any cancellation, refund, replacement or other remedy required by applicable law.
We will not rely on this section to engage in misleading or deceptive conduct or to avoid obligations that apply under consumer law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not use the Services:
- for unlawful, fraudulent or malicious activity;
- to violate applicable laws or regulations;
- to infringe our intellectual-property rights or the rights of another person;
- to harass, abuse, threaten, defame, intimidate or harm another person;
- to provide materially false or misleading information;
- to send spam, chain letters, malicious communications or unauthorised advertising;
- to impersonate another person or misrepresent your identity;
- to upload viruses, malware or other harmful code;
- to collect another person’s personal information unlawfully;
- to bypass or interfere with security, access restrictions or authentication measures;
- to scrape, extract or reproduce material from the Services using automated means where that activity is prohibited by law or these Terms; or
- in a way that materially interferes with another person’s use of the Services.
We may restrict or suspend access where we reasonably believe this section has been breached. Where appropriate and lawful, we will act proportionately and provide notice.
SECTION 14 – AGENTS
This section applies if you use or deploy software that takes autonomous or semi-autonomous action on your behalf to access or interact with the Services (an “Agent”).
An Agent must not access or interact with the Services in a misleading, unlawful or unauthorised way. It must comply with applicable technical requirements, access controls and laws.
We may use reasonable technical measures to manage or restrict Agent access. An Agent must not conceal that it is automated, circumvent CAPTCHAs or access controls, falsely claim to be a human, or evade a request to stop accessing the Services.
Where an Agent makes requests through HTTP or HTTPS, it should identify itself and its operator through an appropriate user-agent string or another method we reasonably specify.
SECTION 15 – TERMINATION
You may stop using the Services at any time.
We may suspend or terminate access to an account or restricted feature if we reasonably believe that you have materially breached these Terms, engaged in fraud or unlawful activity, created a security risk, or failed to pay an amount that is lawfully due.
Termination does not affect rights or obligations that arose before termination, including obligations relating to accepted orders, payments, refunds, intellectual property, privacy, liability and dispute resolution.
Nothing in this section limits any notice, refund, remedy or other right required by applicable law.
SECTION 16 – WARRANTIES AND CONSUMER RIGHTS
The Services may occasionally be interrupted or contain technical errors. We do not promise that access to the website will always be uninterrupted, timely, secure or error-free.
However, nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified.
If you acquire products as a consumer in New Zealand, you may have rights under the Consumer Guarantees Act 1993. Products must, among other things, be of acceptable quality, be fit for any particular purpose made known to us where you reasonably rely on our skill or judgement, and match their description. You may also have rights under the Fair Trading Act 1986.
Customers outside New Zealand may have additional mandatory rights under the laws that apply where they live. These Terms do not exclude those rights where they cannot lawfully be excluded.
Subject to these non-excludable rights, information made available through the Services for general informational purposes is provided without a promise that it will be suitable for every individual purpose.
SECTION 17 – LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence where liability cannot be excluded, breach of a non-excludable consumer guarantee, or any other liability that cannot lawfully be limited or excluded.
To the extent permitted by law, Little Giggles Limited will not be liable for indirect or consequential loss that was not reasonably foreseeable when the relevant agreement was formed.
Where we are permitted to limit liability, our liability will be limited to the amount paid for the product or service giving rise to the claim, or the cost of providing an appropriate repair, replacement, refund or equivalent remedy. This limitation does not apply where such a limitation would be unlawful or would deprive you of a mandatory consumer remedy.
We are not responsible for loss caused solely by circumstances outside our reasonable control, provided we have taken reasonable steps to reduce or address the effects of those circumstances.
SECTION 18 – INDEMNIFICATION
If you use the Services for unlawful commercial activity, materially breach these Terms, or infringe another person’s rights, you agree to compensate Little Giggles Limited for direct loss and reasonable legal costs arising from a third-party claim to the extent that the loss was caused by your wrongful conduct.
This obligation does not apply to loss caused by Little Giggles Limited, Shopify, or their respective employees, contractors or service providers, or to the extent that requiring indemnification would be unfair or unlawful.
We will provide reasonable notice of a claim and allow reasonable participation in its defence. We will not agree to a settlement that imposes a non-monetary obligation on you without your consent, which must not be unreasonably withheld.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where possible.
If it cannot be made enforceable, the affected portion will be treated as severed. The remaining provisions will continue in effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, that does not mean we waive that right.
These Terms, together with the policies and other terms expressly incorporated into them, form the agreement between you and Little Giggles Limited regarding your use of the Services and purchases from our store.
They supersede earlier communications or versions dealing with the same subject matter, but do not exclude representations or rights that cannot lawfully be excluded.
SECTION 21 – ASSIGNMENT
You must not transfer your rights or obligations under these Terms without our prior written consent, which will not be unreasonably withheld where the proposed transfer does not prejudice us.
We may transfer our rights or obligations as part of a genuine sale, restructuring or transfer of our business, provided that the transfer does not reduce your existing rights or remedies. We will provide notice where required by law.
SECTION 22 – GOVERNING LAW
These Terms and any agreement formed through the Services are governed by the laws of New Zealand.
Subject to any rights you have to bring a claim elsewhere under mandatory consumer law, you and Little Giggles Limited submit to the non-exclusive jurisdiction of the courts of New Zealand.
Nothing in this section deprives you of consumer protections or dispute-resolution rights that apply mandatorily in the country or region where you live.
SECTION 23 – HEADINGS
Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
You can review the current version of these Terms on this page.
We may update these Terms to reflect changes to our Services, business practices or legal obligations. If a change is material, we will provide notice where required by law.
Unless the law permits otherwise, changes will apply prospectively and will not alter an order that we have already accepted without your agreement.
Continued use of the Services after an updated version takes effect constitutes acceptance of the updated Terms, to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms or an order can be sent to:
Little Giggles Limited
Trading as Little Giggles
PO Box 90478
Victoria Street West
Auckland 1142
New Zealand
Email: hello@littlegiggles.baby